~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioners are A1 and A2 in Crime No.1092/2014 of Mavelikkara Police Station registered for the offences punishable under Sections 341, 302 and 392 read with Section 34 of the Indian Penal Code.
3. The allegation against the petitioners is that on 05.08.2014 at 10.30 p.m. they, in furtherance of their common intention to commit robbery, wrongfully restrained the victim named one Omanakuttan Pillai, aged 55 years, on the road and stabbed him to death and robbed ₹11,250/- and a mobile phone. The petitioners were arrested on 13.08.2014 and thereafter, they have been in custody.
4. Heard learned counsel for the petitioners, learned counsel for the de facto complainant and the learned Senior Public Prosecutor. The learned Senior Public Prosecutor has opposed the petition.
5. The allegations against the petitioners are that for committing robbery the petitioners have wrongfully restrained the victim on the road and stabbed him to death and thereafter, took away his money and the mobile phone. The learned Public Prosecutor has pointed out that there are sufficient evidence to prove the allegations against the petitioners. Prosecution records, prima facie, reveal the complicity of the petitioners.
6. The learned counsel for the de facto complainant submits that the petitioners are part of a gang involved in nefarious activities and still the de facto complainant and his family members are under threat from the associates of the petitioners. It has been reported that they are being threatened by demanding to withdraw from the prosecution. It has come out that the petitioners have criminal antecedents on their part. The 2nd accused is accused in two other criminal cases and the 1st accused was an accused in another criminal case also. The investigation of this case is over, and final report has been filed. Considering all the above and the seriousness of the incident in this case, this Court is of the view that the petitioners are not entitled to be enlarged on bail. The committal court shall commit the case, as expeditiously as possible, and trial has to be conducted at the earliest.
In the result, this bail application is dismissed with the above observations.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/14/11 // True Copy // PA to Judge